Legal Opinion

Reyes v. State

District Court of Appeal of Florida

Decided April 12, 1989No. 88-2613PublishedCited by 1 opinion

1Per curiam

We affirm. Nevertheless, we vacate the portion of the sentence imposing costs pursuant to section 27.3455, Florida Statutes (1987). Upon remand, the trial court must give the defendant the opportunity to be heard to determine whether he has the ability to pay costs. Jenkins v. State, 444 So.2d 947 (Fla.1984), and Shipley v. State, 528 So.2d 902 (Fla.1988).

AFFIRMED IN PART, REVERSED AND REMANDED IN PART.

DOWNEY, LETTS and DELL, JJ., concur.

2Cases cited2 opinions

  1. Jenkins v. StateSupreme Court of Florida · 1984
  2. Shipley v. StateSupreme Court of Florida · 1988

3Cited by1 opinion

  1. Oliveri v. OliveriDistrict Court of Appeal of Florida · 1989